PRIVACY POLICY AND COOKIES INFORMATION

Effective Date: 1th May 2018

  1. Introduction
    1. www.freshcash.uk is a website operated by Rainbow (UK) Ltd. Rainbow (UK) Ltd is fully authorised and regulated by the Financial Conduct Authority - FCA Number 674557. Our trading address is Unit 8 Saxon House, Upminster Trading Park, Upminster, Essex, RM14 3PJ. Our other contact details are specified on our website.
    2. Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our Service (as defined below) you agree to be bound by these terms and conditions.
  2. Definitions
    1. Capitalised terms have the following meanings in these terms and conditions:
      1. Service means the services offered by means of our website at www.rainbowgrp.co.uk and/or the Rainbow Financial Services group of sites as well as the various Rainbow Financial Services apps and any related software and services.
      2. Supplier means the owner / operator of such a third party website or service.
      3. User means a person who uses our Service (whether or not registered with us).
  3. Changes to the terms and conditions
    1. We may change these terms and conditions by posting the revised version on our website for 21 days before they become effective. Please check our website from time to time. We recommend that you like this page to ensure that you are informed of any changes. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.
  4. Use of our Service
    1. We grant Users a limited personal right to use our Service subject to these terms and conditions.
    2. You are not eligible for, and must not use or register on, our Service if you are under 18 years of age or you are not resident in the UK (or other relevant country specified by us on our Service).
    3. You must not supply any personal data of another person (ie information enabling someone to be identified or contacted) via our Service unless that person is 18 years or over and you have obtained that person's explicit written consent;
    4. Your account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
    5. You must promptly comply with any reasonable request or instruction by us in connection with the Service.
    6. You must ensure that all information which you provide is accurate and not misleading and that you will update it so that it remains so.
  5. Third party websites and services
    1. We link to a range of third party websites or services which offer payday loans and/or various goods and/or services. We do not ourselves offer loans or other financial services. We do not recommend or endorse or accept responsibility for any Supplier or its website, goods or services. You use them at your own risk. Please check very carefully that they are suitable for your requirements, taking appropriate professional and other advice where appropriate.

      THINK CAREFULLY BEFORE SECURING OTHER DEBTS AGAINST YOUR HOME. YOUR HOME MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON A MORTGAGE OR ANY OTHER DEBT SECURED ON IT.

    2. Any contract for sale or supply of goods or services or other transaction in relation to the third party websites or services is between you and the Supplier. You acknowledge that any legal recourse in connection with such transactions is against the Supplier and not us. Please direct any queries or complaints to the Supplier.
  6. Our content
    1. Any content which we ourselves make available (such as articles on various topics) is intended for very general guidance but we cannot guarantee that it is accurate or up to date. Before acting on such information, you must make your own appropriate enquiries including as to its accuracy and suitability for your purposes and take appropriate professional or other advice. You rely on such information at your own risk.
  7. Functioning of our Service
    1. We cannot guarantee that the website will be uninterrupted or error-free. We accept no legal responsibility for errors or interruptions. We are entitled to suspend the website for repair, maintenance, improvement or other technical reason.
  8. Intellectual property rights
    1. All trademarks, logos, content, layout, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
    2. You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must take reasonable steps to ensure that our software is not disclosed to any third party.
    3. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about our Service ("Submissions") which you provide us are non-confidential and shall become our sole property. We shall own exclusive intellectual property rights in, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
  9. Liability etc
    1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
    2. You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
    3. Very important: We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
      1. there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
      2. such loss or damage was not reasonably foreseeable by both parties;
      3. such loss or damage is caused by you, for example by not complying with this agreement; or
      4. such loss or damage relates to a business.
    4. Very important: You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
  10. Act of God
    1. Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control including third party telecommunication failures.
  11. Transfer
    1. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
  12. English law
    1. These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
  13. General
    1. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a waiver (ie that it can't be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
  14. Complaints
    1. If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.

Website terms and conditions by internet lawyers Adlex solicitors.

Version 1.1

Notices

Privacy Notice

About Us

Rainbow (UK) Ltd is committed to protecting the privacy and confidentiality of all individuals and takes its responsibilities regarding the security of data very seriously. We abide by the rules of the General Data Protection Regulation (GDPR) upheld by the Information Commissioner Officer (ICO) and are authorised and regulated by the Financial Conduct Authority (FCA) to help make arrangements for you to take out loan products. This includes processing any personal data lawfully, fairly and in a transparent manner.

What information do we collect about you if you are interested in our services and why?

As an Intermediary and as part of our service we will only collect information from you so that we can help make arrangements for loan products that maybe suitable for you. In the financial services industry we call this factfinding which provides us with all the information that we need from you in order to provide you with a suitable Broker that meets your circumstances and requirements.

When obtaining information from you we will do this by phone, email or post and will confirm the accuracy of the data collated. It is important that all the data we hold on you is accurate so that we can help make arrangements for suitable products to you.

The types of information we will collect from you includes; contact details, occupation, age, loan requirements. In addition, we may collect sensitive personal data such as medical conditions or criminal offence data where required to do so to help make arrangements for a loan on your behalf.

Where you provide your personal details on our website it will be taken as a positive action that you would like us to contact you for the purpose as set out on our website.

Contact details received from a third party lead generator

Occasionally we may receive your contact details from a third party lead generator, click here for a list of our suppliers, who you have expressed an interest in the products/service we have to offer. Where we use lead generators we will request from them that they have obtained your consent and have made it clear to you that they will pass your details on to a firm such as ours and that you will be expecting us to contact you.

Information from other sources

We may obtain information from other sources such as public records, if required. This is to enable us to verify who you are or facts that you have told us are accurate.

How will we use this information?

We will only use your data in ways that you would reasonably expect us to. Below summarises how we use your data.

We will use the information you provide to us to research the market on your behalf to find suitable Brokers that meets your circumstances and needs. Once we have carried out research we will refer you to the suitable Broker to provide you with a personalised quotation. Whilst you consider the quotation we may remain in touch to help you arrange further comparison quotations, should you require.

We will also use your data to assist Brokers handle any claim you have on your loan or with handling a complaint if you are not happy with the service you have received.

As part of our service we like to keep our customers up to date with new products or offers that are available and maybe of interest. Therefore, we may contact you from time to time through email marketing, phone, text or other types of marketing material. If you wish to opt out of this at any point then please let us know.

In the interest to improve our services, telephone calls may be monitored and recorded for training purposes and for auditing purposes to assist us handle a claim or complaint. Where we record the call you will be informed of this.

The lawful basis on which we use this information

How we use your information (detailed above) we will do so using the lawful basis legitimate interests. We have decided upon this basis as it allows us to meet with the ICO and FCA rules and is the most suitable lawful basis for processing data with a view to arranging a loan.

Who will it be shared with?

As stated above, if you wish to proceed to obtain a quotation then we will pass your details on to the Broker the quotation will be arranged with. click here for a list of our Broker Panel. The information we pass on will only include details that you have provided via the application form and additional information you have given over the phone.

Where required we may forward your details onto regulatory authorities or fraud agencies where we have a legal obligation to do so to comply with our regulatory requirements or where fraud is suspected. We may do this under the lawful basis legal obligation.

What we will do to ensure the security of personal information

We will not share any of the information you provide to third parties for marketing purposes or store any of your information outside of the European Economic Area. Our panel of Brokers may transfer and/or store information outside the EEA, in the US, however it is worth noting that their US recipient is signed up the EU-US Privacy Shield. This scheme is recognised by the European Commission as providing adequate protection for the rights of individuals in connection with the transfer of their personal data to signatories of the scheme in the USA. The information you provide will be held securely by us regardless of whether the information is in electronic or physical format. We use leading technologies and security measures to safeguard your information and keep strict security standards to prevent any unauthorised access to it.

How long will we retain your data

We will only hold data for no longer than is necessary. Where we have helped to arrange a quotation on your behalf we will keep your file including your personal data and any call recording, on record for a minimum of six years, in line with our regulatory obligation with the FCA. Where we need to hold your file for longer than this then we will inform you of this.

What are your rights?

You have the right to:

Where the processing of your data is based on your consent, you have the right to withdraw this consent at anytime by contacting us by phone or email. We do not use automated decision making or profiling systems.

Marketing

Where we need your consent we will ask for this separately. We do not use pre-ticked boxes or make assumptions that you have given your consent. Your consent must be freely given by positively opting in or making a clear affirmative action that you are giving your consent. We will do our very best to ensure you know exactly what you are consenting to and remind you that you may withdraw your consent at anytime by contacting us by email or phone. Where consent is obtained a record of this will be made confirming what you have consented to, the time and date and how consent was obtained.

Customers: Our customers are important to us however we appreciate that on some occasions you may wish to look elsewhere. If you do, we would like to stay in touch and therefore will ask for your consent in order for us to do so.

Potential Customers: Where you have expressed an interest in a product but have then decided not to proceed we would like to keep in touch therefore will ask for your consent to do so in case a product maybe of interest to you at a later date.

Non-Customers: We will only send you information about regulated products or services if we have obtained your consent to do so.

Right to complain

We hope that the service you receive from us is to the high standard you would expect. If at any point you are unhappy with the way we have used your data then please notify: Rainbow (UK) Ltd by either email, post or phone below. If you remain concerned about the way we collect or use your personal data you can raise your concern with the Information Commissions Office (ICO) on 0303 123 1113. For further details you may visit the ICO website www.ico.org.uk

We will tend to disclose the complainants identity to whoever the complaint is about, however if you wish your identity to remain anonymous, we will try to respect that. We will keep your complaint on record for two years once closed or six years if it also relates to how we helped arrange a quotation and falls under the FCA ruling.

Changes to the information

We regularly review and, where necessary update our Privacy Notice. If we plan to use personal data for a new purpose our Privacy Notice will be updated and you will be notified.

How to contact us

If you wish to contact us about the above or any other matter then please contact us at:

Katie Hudson
Rainbow (UK) Ltd
Unit 8, Saxon House
Essex
RM14 3PJ
Tel: 0845 868 6507
Email: compliance@rainbowgrp.co.uk
Website: www.rainbowgrp.co.uk